§ 18B-1101. Authorization of unfortified winery permit. - North Carolina Statutes

§ 18B‑1101. Authorization of unfortified winery permit.

The holder of an unfortifiedwinery permit may:

(1)        Manufactureunfortified wine;

(2)        Sell, deliver andship unfortified wine in closed containers to wholesalers licensed under thisChapter as authorized by the ABC laws, except that wine may be sold toexporters and nonresident wholesalers only when the purchase is not for resalein this State;

(2a)      Receive, in closedcontainers, unfortified wine produced inside or outside North Carolina underthe winery's label from grapes, berries, or other fruits owned by the winery,and sell, deliver, and ship that wine to wholesalers, exporters, andnonresident wholesalers in the same manner as its wine manufactured in NorthCarolina. This provision may be used only by a winery during its first threeyears of operation or when there is substantial damage to its grapes, berries,or other fruits from catastrophic crop loss. This provision may be used onlythree years out of every 10 years and notice must be given to the Commissioneach time this provision is used;

(3)        Ship its wine inclosed containers to individual purchasers inside and outside this State inaccordance with the provisions of G.S. 18B‑1001, 18B‑1001.1, and18B‑1001.2, and other applicable provisions of this Chapter;

(4)        Furnish or sell"short‑filled" packages, on which State taxes have been or willbe paid, to its employees for the use of the employees or their families andguests in this State;

(5)        Regardless of theresults of any local wine election, sell the wine owned by the winery at thewinery for on‑ or off‑premise consumption upon obtaining theappropriate permit under G.S. 18B‑1001;

(6)        Sell the winemanufactured by the winery or produced under the winery's label undersubdivision (2a) of this section for on‑ or off‑premise consumptionat no more than three other locations in the State, upon obtaining theappropriate permit under G.S. 18B‑1001;

(6a)      Receive, in closedcontainers, and sell at the winery, unfortified wine produced inside or outsideNorth Carolina under contract with the winery. Such contract wine must have thewinery's name clearly displayed on each bottle. The contract wine may be soldalso at affiliated retail outlets of the winery physically located on oradjacent to the winery. Any wine received by a winery under this provision mustbe made available for sale by the winery to wholesalers for distribution toretailers, without discrimination, in the same manner as if the wine were beingimported by the winery;

(7)        Obtain a wine wholesalerpermit to sell, deliver, and ship at wholesale unfortified wine manufactured atthe winery. The authorization of this subdivision applies only to a winery thatannually sells, to persons other than exporters and nonresident wholesalerswhen the purchase is not for resale in this State, no more than 100,000 gallonsof unfortified wine manufactured by it at the winery;

(8)        Allow winemaking onpremises as allowed by a permit issued pursuant to G.S. 18B‑1001(17).

A sale under subdivision (4)shall not be considered a retail or wholesale sale under the ABC laws. (1973, c. 511, ss. 1, 2;1975, c. 411, s. 6; 1979, c. 224; 1981, c. 412, s. 2; c. 747, s. 60; 1985, c.89, s. 4; 1989, c. 800, s. 2; 2001‑262, s. 2; 2001‑487, s. 49(b);2002‑102, s. 2; 2003‑402, s. 6; 2004‑135, s. 2; 2004‑199,s. 11; 2007‑402, s. 3.)